As the use of marijuana becomes more accepted, questions arise about its impact on driving laws. In Minnesota, while recreational use may be legal in some cases, driving under the influence of marijuana remains a serious offense under Minnesota Statute 169A.20. So, what does that mean for drivers?
Is Driving After Using Marijuana Illegal?
Surprisingly, just using marijuana and then driving isn’t automatically illegal in Minnesota. Minnesota Statute 169A.20 makes it illegal to drive under the influence of a controlled substance. And despite changes in its legal status, marijuana is still classified as a controlled substance. This means that if you’re impaired by marijuana while driving, you can be charged with a DWI.
What Does It Mean to Be ‘Under the Influence’?
When it comes to marijuana DWIs, the prosecution must prove two things:
- You were under the influence of marijuana while controlling a vehicle.
- Your ability to drive was impaired by marijuana use.
Simply having marijuana in your system isn’t enough for a conviction. The key is proving that the substance affected your ability to drive safely. In other words, the state must show that your driving was impacted, making you less capable than you would be sober.
Key Evidence in Marijuana DWI Cases
In defending marijuana DWI cases, the evidence is critical. Prosecutors often rely on admissions from the driver—statements like when you last used marijuana and whether you’re still feeling its effects. They may also point to signs of recent use, such as the smell of burnt marijuana or paraphernalia found in the vehicle, like a vape or bong.
What makes marijuana DWI cases tricky is that blood and urine tests don’t definitively prove impairment at the time of driving. These tests might show that someone used marijuana in the last few weeks, but they don’t tell whether that person was high when they were behind the wheel. This gap in the evidence is one of the key challenges in prosecuting marijuana DWI cases.
How to Defend a Marijuana DWI
This is where having an experienced marijuana DWI attorney makes all the difference. A knowledgeable lawyer can challenge the reliability of drug recognition evaluations (DRE) and other testing methods. They can demonstrate to the prosecutor that your case isn’t as straightforward as it might seem.
Often, the goal is to force the prosecutor to reconsider taking the case to trial. Many prosecutors don’t want to risk losing at trial and might push for a plea deal. However, a skilled attorney will be prepared to take the case to court if needed, increasing your chances of a favorable outcome.
Choosing the right attorney is vital in these situations. The wrong attorney may push for a plea deal too quickly, but an experienced lawyer can help you avoid unnecessary convictions by properly defending your rights.
